Charlene Woodward v. Safeco Insurance Company

1|| NICHOLAS J. BOOS (SBN 233399)

nboos @maynardnexsen.com

2|| JAMES L. ELLISON (SBN 302372)

jellison@maynardnexsen.com

3 AYNARD NEXSEN LLP

201 California Street, Suite 400

San Francisco, CA 94111

Telephone: (415) 646-4700

5 Facsimile: (205) 254-1999

6|| Attorneys for Defendant

FIRST NATIONAL INSURANCE

71| COMPANY OF AMERICA

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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11 CHARLENE WOODWARD, AI Case No. 5:24—cv—01249 KK (SPx)

WOODWARD, CHARLES

12 WOODWARD, MADLYNE STIPULATED PROTECTIVE

WOODWARD, ORDER

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Plaintiffs,

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Vv.

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SAFECO INSURANCE COMPANY,

16 LIBERTY MUTUAL INSURANCE

COMPANY, FIRST NATIONAL

17 INSURANCE COMPANY OF

AMERICA, and DOES 1-10, inclusive,

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Defendants.

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1 1. A. PURPOSES AND LIMITATIONS

2 Discovery in this action is likely to involve production of confidential,

3 proprietary or private information for which special protection from public

4 disclosure and from use for any purpose other than prosecuting this litigation may

5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

6 enter the following Stipulated Protective Order. The parties acknowledge that this

7 Order does not confer blanket protections on all disclosures or responses to

8 discovery and that the protection it affords from public disclosure and use extends

9 only to the limited information or items that are entitled to confidential treatment

10 under the applicable legal principles.

11 B. GOOD CAUSE STATEMENT

12 This action is likely to involve trade secrets, customer and pricing lists and

13 other valuable research, development, commercial, financial, technical and/or

14 proprietary information for which special protection from public disclosure and

15 from use for any purpose other than prosecution of this action is warranted. Such

16 confidential and proprietary materials and information consist of, among other

17 things, confidential business or financial information, information regarding

18 confidential business practices, or other confidential research, development, or

19 commercial information (including information implicating privacy rights of third

20 parties), information otherwise generally unavailable to the public, or which may be

21 privileged or otherwise protected from disclosure under state or federal statutes,

22 court rules, case decisions, or common law. Accordingly, to expedite the flow of

23 information, to facilitate the prompt resolution of disputes over confidentiality of

24 discovery materials, to adequately protect information the parties are entitled to

25 keep confidential, to ensure that the parties are permitted reasonable necessary uses

26 of such material in preparation for and in the conduct of trial, to address their

27 handling at the end of the litigation, and serve the ends of justice, a protective order

1 information will not be designated as confidential for tactical reasons and that

2 nothing be so designated without a good faith belief that it has been maintained in a

3 confidential, non-public manner, and there is good cause why it should not be part

4 of the public record of this case.

5 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER

6 SEAL

7 The parties further acknowledge, as set forth in Section 12.3, below, that this

8 Stipulated Protective Order does not entitle them to file confidential information

9 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

10 and the standards that will be applied when a party seeks permission from the court

11 to file material under seal.

12 There is a strong presumption that the public has a right of access to judicial

13 proceedings and records in civil cases. In connection with non-dispositive motions,

14 good cause must be shown to support a filing under seal. See Kamakana v. City and

15 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

16 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

17 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

18 require good cause showing), and a specific showing of good cause or compelling

19 reasons with proper evidentiary support and legal justification, must be made with

20 respect to Protected Material that a party seeks to file under seal. The parties’ mere

21 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

22 without the submission of competent evidence by declaration, establishing that the

23 material sought to be filed under seal qualifies as confidential, privileged, or

24 otherwise protectable—constitute good cause.

25 Further, if a party requests sealing related to a dispositive motion or trial,

26 then compelling reasons, not only good cause, for the sealing must be shown, and

27 the relief sought shall be narrowly tailored to serve the specific interest to be

1|| 2010). For each item or type of information, document, or thing sought to be filed

2|| or introduced under seal in connection with a dispositive motion or trial, the party

3|| seeking protection must articulate compelling reasons, supported by specific facts

4|| and legal justification, for the requested sealing order. Again, competent evidence

5|| supporting the application to file documents under seal must be provided by

6|| declaration.

7 Any document that is not confidential, privileged, or otherwise protectable in

8|| its entirety will not be filed under seal if the confidential portions can be redacted.

9|| If documents can be redacted, then a redacted version for public viewing, omitting

only the confidential, privileged, or otherwise protectable portions of the document.

shall be filed. Any application that seeks to file documents under seal in their

12|| entirety should include an explanation of why redaction is not feasible.

13]) 2. DEFINITIONS

14 2.1 Action: Charlene Woodward, et al. v. Safeco Insurance Company, et

15|| al., United States District Court for the Central District of California, Case No.

16|| 5:24-cv—01249 KK (SPx).

17 2.2 Challenging Party: a Party or Non-Party that challenges the

18|| designation of information or items under this Order.

19 2.3. “CONFIDENTIAL” Information or Items: information (regardless of

20|| how it is generated, stored or maintained) or tangible things that qualify for

protection under Federal Rule of Civil Procedure 26(c), and as specified above in

the Good Cause Statement.

23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

24}| their support staff).

25 2.5 Designating Party: a Party or Non-Party that designates information or

26|| items that it produces in disclosures or in responses to discovery as

“CONFIDENTIAL.”

28 2.6 Disclosure or Discovery Material: all items or information, regardless

1 of the medium or manner in which it is generated, stored, or maintained (including,

2 among other things, testimony, transcripts, and tangible things), that are produced

3 or generated in disclosures or responses to discovery in this matter.

4 2.7 Expert: a person with specialized knowledge or experience in a matter

5 pertinent to the litigation who has been retained by a Party or its counsel to serve as

6 an expert witness or as a consultant in this Action.

7 2.8 House Counsel: attorneys who are employees of a party to this Action.

8 House Counsel does not include Outside Counsel of Record or any other outside

9 counsel.

10 2.9 Non-Party: any natural person, partnership, corporation, association or

11 other legal entity not named as a Party to this action.

12 2.10 Outside Counsel of Record: attorneys who are not employees of a

13 party to this Action but are retained to represent or advise a party to this Action and

14 have appeared in this Action on behalf of that party or are affiliated with a law firm

15 that has appeared on behalf of that party, and includes support staff.

16 2.11 Party: any party to this Action, including all of its officers, directors,

17 employees, consultants, retained experts, and Outside Counsel of Record (and their

18 support staffs).

19 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

20 Discovery Material in this Action.

21 2.13 Professional Vendors: persons or entities that provide litigation

22 support services (e.g., photocopying, videotaping, translating, preparing exhibits or

23 demonstrations, and organizing, storing, or retrieving data in any form or medium)

24 and their employees and subcontractors.

25 2.14 Protected Material: any Disclosure or Discovery Material that is

26 designated as “CONFIDENTIAL.”

27 2.15 Receiving Party: a Party that receives Disclosure or Discovery

1 3. SCOPE

2 The protections conferred by this Stipulation and Order cover not only

3 Protected Material (as defined above), but also (1) any information copied or

4 extracted from Protected Material; (2) all copies, excerpts, summaries, or

5 compilations of Protected Material; and (3) any testimony, conversations, or

6 presentations by Parties or their Counsel that might reveal Protected Material.

7 Any use of Protected Material at trial shall be governed by the orders of the

8 trial judge. This Order does not govern the use of Protected Material at trial.

9 4. DURATION

10 Once a case proceeds to trial, information that was designated as

11 CONFIDENTIAL or maintained pursuant to this protective order used or

12 introduced as an exhibit at trial becomes public and will be presumptively available

13 to all members of the public, including the press, unless compelling reasons

14 supported by specific factual findings to proceed otherwise are made to the trial

15 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing

16 “good cause” showing for sealing documents produced in discovery from

17 “compelling reasons” standard when merits-related documents are part of court

18 record). Accordingly, the terms of this protective order do not extend beyond the

19 commencement of the trial.

20 5. DESIGNATED PROTECTED MATERIAL

21 5.1 Exercise of Restraint and Care in Designating Material for Protection.

22 Each Party or Non-Party that designates information or items for protection under

23 this Order must take care to limit any such designation to specific material that

24 qualifies under the appropriate standards. The Designating Party must designate for

25 protection only those parts of material, documents, items or oral or written

26 communications that qualify so that other portions of the material, documents,

27 items or communications for which protection is not warranted are not swept

1 Mass, indiscriminate or routinized designations are prohibited. Designations

2 that are shown to be clearly unjustified or that have been made for an improper

3 purpose (e.g., to unnecessarily encumber the case development process or to

4 impose unnecessary expenses and burdens on other parties) may expose the

5 Designating Party to sanctions.

6 If it comes to a Designating Party’s attention that information or items that it

7 designated for protection do not qualify for protection, that Designating Party must

8 promptly notify all other Parties that it is withdrawing the inapplicable designation.

9 5.2 Manner and Timing of Designations. Except as otherwise provided in

10 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

11 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

12 under this Order must be clearly so designated before the material is disclosed or

13 produced.

14 Designation in conformity with this Order requires:

15 (a) for information in documentary form (e.g., paper or electronic

16 documents, but excluding transcripts of depositions or other pretrial or trial

17 proceedings), that the Producing Party affix at a minimum, the legend

18 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

19 contains protected material. If only a portion of the material on a page qualifies for

20 protection, the Producing Party also must clearly identify the protected portion(s)

21 (e.g., by making appropriate markings in the margins).

22 A Party or Non-Party that makes original documents available for inspection

23 need not designate them for protection until after the inspecting Party has indicated

24 which documents it would like copied and produced. During the inspection and

25 before the designation, all of the material made available for inspection shall be

26 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

27 documents it wants copied and produced, the Producing Party must determine

1 before producing the specified documents, the Producing Party must affix the

2 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a

3 portion of the material on a page qualifies for protection, the Producing Party also

4 must clearly identify the protected portion(s) (e.g., by making appropriate markings

5 in the margins).

6 (b) for testimony given in depositions that the Designating Party identifies

7 the Disclosure or Discovery Material on the record, before the close of the

8 deposition all protected testimony.

9 (c) for information produced in some form other than documentary and

10 for any other tangible items, that the Producing Party affix in a prominent place on

11 the exterior of the container or containers in which the information is stored the

12 legend “CONFIDENTIAL.” If only a portion or portions of the information

13 warrants protection, the Producing Party, to the extent practicable, shall identify the

14 protected portion(s).

15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

16 failure to designate qualified information or items does not, standing alone, waive

17 the Designating Party’s right to secure protection under this Order for such

18 material. Upon timely correction of a designation, the Receiving Party must make

19 reasonable efforts to assure that the material is treated in accordance with the

20 provisions of this Order.

21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

23 designation of confidentiality at any time that is consistent with the Court’s

24 Scheduling Order.

25 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

26 resolution process under Local Rule 37-1 et seq.

27 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

1 6.4 The burden of persuasion in any such challenge proceeding shall be on

2 the Designating Party. Frivolous challenges, and those made for an improper

3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

4 parties) may expose the Challenging Party to sanctions. Unless the Designating

5 Party has waived or withdrawn the confidentiality designation, all parties shall

6 continue to afford the material in question the level of protection to which it is

7 entitled under the Producing Party’s designation until the Court rules on the

8 challenge.

9 7. ACCESS TO AND USE OF PROTECTED MATERIAL

10 7.1 Basic Principles. A Receiving Party may use Protected Material that is

11 disclosed or produced by another Party or by a Non-Party in connection with this

12 Action only for prosecuting, defending or attempting to settle this Action. Such

13 Protected Material may be disclosed only to the categories of persons and under the

14 conditions described in this Order. When the Action has been terminated, a

15 Receiving Party must comply with the provisions of section 13 below (FINAL

16 DISPOSITION).

17 Protected Material must be stored and maintained by a Receiving Party at a

18 location and in a secure manner that ensures that access is limited to the persons

19 authorized under this Order.

20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

21 otherwise ordered by the court or permitted in writing by the Designating Party, a

22 Receiving Party may disclose any information or item designated

23 “CONFIDENTIAL” only to:

24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as

25 well as employees of said Outside Counsel of Record to whom it is reasonably

26 necessary to disclose the information for this Action;

27 (b) the officers, directors, and employees (including House Counsel) of

1 (c) Experts (as defined in this Order) of the Receiving Party to whom

2 disclosure is reasonably necessary for this Action and who have signed the

3 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

4 (d) the court and its personnel;

5 (e) court reporters and their staff;

6 (f) professional jury or trial consultants, mock jurors, and Professional

7 Vendors to whom disclosure is reasonably necessary for this Action and who have

8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

9 (g) the author or recipient of a document containing the information or a

10 custodian or other person who otherwise possessed or knew the information;

11 (h) during their depositions, witnesses, and attorneys for witnesses, in the

12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

13 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they

14 will not be permitted to keep any confidential information unless they sign the

15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

16 agreed by the Designating Party or ordered by the court. Pages of transcribed

17 deposition testimony or exhibits to depositions that reveal Protected Material may

18 be separately bound by the court reporter and may not be disclosed to anyone

19 except as permitted under this Stipulated Protective Order; and

20 (i) any mediator or settlement officer, and their supporting personnel,

21 mutually agreed upon by any of the parties engaged in settlement discussions.

22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

23 IN OTHER LITIGATION

24 If a Party is served with a subpoena or a court order issued in other litigation

25 that compels disclosure of any information or items designated in this Action as

26 “CONFIDENTIAL,” that Party must:

27 (a) promptly notify in writing the Designating Party. Such notification

1 (b) promptly notify in writing the party who caused the subpoena or order

2 to issue in the other litigation that some or all of the material covered by the

3 subpoena or order is subject to this Protective Order. Such notification shall include

4 a copy of this Stipulated Protective Order; and

5 (c) cooperate with respect to all reasonable procedures sought to be

6 pursued by the Designating Party whose Protected Material may be affected.

7 If the Designating Party timely seeks a protective order, the Party served with

8 the subpoena or court order shall not produce any information designated in this

9 action as “CONFIDENTIAL” before a determination by the court from which the

10 subpoena or order issued, unless the Party has obtained the Designating Party’s

11 permission. The Designating Party shall bear the burden and expense of seeking

12 protection in that court of its confidential material and nothing in these provisions

13 should be construed as authorizing or encouraging a Receiving Party in this Action

14 to disobey a lawful directive from another court.

15 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

16 PRODUCED IN THIS LITIGATION

17 (a) The terms of this Order are applicable to information produced by a

18 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

19 produced by Non-Parties in connection with this litigation is protected by the

20 remedies and relief provided by this Order. Nothing in these provisions should be

21 construed as prohibiting a Non-Party from seeking additional protections.

22 (b) In the event that a Party is required, by a valid discovery request, to

23 produce a Non-Party’s confidential information in its possession, and the Party is

24 subject to an agreement with the Non-Party not to produce the Non-Party’s

25 confidential information, then the Party shall:

26 (1) promptly notify in writing the Requesting Party and the Non-

27 Party that some or all of the information requested is subject to a confidentiality

1 (2) promptly provide the Non-Party with a copy of the Stipulated

2 Protective Order in this Action, the relevant discovery request(s), and a reasonably

3 specific description of the information requested; and

4 (3) make the information requested available for inspection by the

5 Non-Party, if requested.

6 (c) If the Non-Party fails to seek a protective order from this court within

7 14 days of receiving the notice and accompanying information, the Receiving Party

8 may produce the Non-Party’s confidential information responsive to the discovery

9 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

10 not produce any information in its possession or control that is subject to the

11 confidentiality agreement with the Non-Party before a determination by the court.

12 Absent a court order to the contrary, the Non-Party shall bear the burden and

13 expense of seeking protection in this court of its Protected Material.

14 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

16 Protected Material to any person or in any circumstance not authorized under this

17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

18 writing the Designating Party of the unauthorized disclosures, (b) use its best

19 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the

20 person or persons to whom unauthorized disclosures were made of all the terms of

21 this Order, and (d) request such person or persons to execute the “Acknowledgment

22 and Agreement to Be Bound” that is attached hereto as Exhibit A.

23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

24 PROTECTED MATERIAL

25 When a Producing Party gives notice to Receiving Parties that certain

26 inadvertently produced material is subject to a claim of privilege or other

27 protection, the obligations of the Receiving Parties are those set forth in Federal

1 whatever procedure may be established in an e-discovery order that provides for

2 production without prior privilege review. Pursuant to Federal Rule of Evidence

3 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

4 of a communication or information covered by the attorney-client privilege or work

5 product protection, the parties may incorporate their agreement in the stipulated

6 protective order submitted to the court.

7 12. MISCELLANEOUS

8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

9 person to seek its modification by the Court in the future.

10 12.2 Right to Assert Other Objections. By stipulating to the entry of this

11 Protective Order, no Party waives any right it otherwise would have to object to

12 disclosing or producing any information or item on any ground not addressed in

13 this Stipulated Protective Order. Similarly, no Party waives any right to object on

14 any ground to use in evidence of any of the material covered by this Protective

15 Order.

16 12.3 Filing Protected Material. A Party that seeks to file under seal any

17 Protected Material must comply with Local Civil Rule 79-5. Protected Material

18 may only be filed under seal pursuant to a court order authorizing the sealing of the

19 specific Protected Material at issue. If a Party’s request to file Protected Material

20 under seal is denied by the court, then the Receiving Party may file the information

21 in the public record unless otherwise instructed by the court.

22 13. FINAL DISPOSITION

23 After the final disposition of this Action, as defined in paragraph 4, within 60

24 days of a written request by the Designating Party, each Receiving Party must

25 return all Protected Material to the Producing Party or destroy such material. As

26 used in this subdivision, “all Protected Material” includes all copies, abstracts,

27 compilations, summaries, and any other format reproducing or capturing any of the

1 Receiving Party must submit a written certification to the Producing Party (and, if

2 not the same person or entity, to the Designating Party) by the 60 day deadline that

3 (1) identifies (by category, where appropriate) all the Protected Material that was

4 returned or destroyed and (2) affirms that the Receiving Party has not retained any

5 copies, abstracts, compilations, summaries or any other format reproducing or

6 capturing any of the Protected Material. Notwithstanding this provision, Counsel

7 are entitled to retain an archival copy of all pleadings, motion papers, trial,

8 deposition, and hearing transcripts, legal memoranda, correspondence, deposition

9 and trial exhibits, expert reports, attorney work product, and consultant and expert

10 work product, even if such materials contain Protected Material. Any such archival

11 copies that contain or constitute Protected Material remain subject to this Protective

12 Order as set forth in Section 4 (DURATION).

13 14. VIOLATION

14 Any violation of this Order may be punished by appropriate measures

15 including, without limitation, contempt proceedings and/or monetary sanctions.

16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

17 We hereby attest that concurrence in the filing of this stipulation was

18 obtained by each of the below identified signatories.

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Dated: August 6, 2025 MAYNARD NEXSEN LLP

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21 /s/ Nicholas J. Boos

By: NICHOLAS J. BOOS

22 Attorneys for Defendant

FIRST NATIONAL INSURANCE

23 COMPANY OF AMERICA

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Dated: August 6, 2025

2 /s/ Ai Woodward

By:

3 » AI WOODWARD

Attorney for Plaintiffs

4 CHARLENE WOODWARD, AI

WOODWARD, CHARLES

5 WOODWARD, MADLYNE

‘ WOODWARD

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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13|| DATED: August 11, 2025

HON. SHERI PYM

14 UNITED STATES MAGISTRATE JUDGE

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, [print or type full name], of

5 [print or type full address], declare under penalty of perjury

6|| that I have read in its entirety and understand the Stipulated Protective Order that wa:

7|| issued by the United States District Court for the Central District of California on

8|| [date] in the case of Charlene Woodward, et al. v. Safeco Insurance Company, et

9}| al., Case No. 5:24-—cv—01249 KK (SPx). I agree to comply with and to be bound by

all the terms of this Stipulated Protective Order and I understand and acknowledge

that failure to so comply could expose me to sanctions and punishment in the nature

12|| of contempt. I solemnly promise that I will not disclose in any manner any

|| information or item that is subject to this Stipulated Protective Order to any person □□

entity except in strict compliance with the provisions of this Order.

15|| I further agree to submit to the jurisdiction of the United States District Court for the

16|| Central District of California for enforcing the terms of this Stipulated Protective

17|| Order, even if such enforcement proceedings occur after termination of this action.

18|| I hereby appoint [print or type full name] of

19 [print or type full address and

20|| telephone number] as my California agent for service of process in connection with

21}| this action or any proceedings related to enforcement of this Stipulated Protective

Order.

23|| Date:

24|| City and State where sworn and signed:

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26|| Printed name:

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Signature:

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